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203 <br /> <br /> be disregarding the Committee's work and cutting off the will of <br /> the people by acting on this without waiting for their direction. <br /> She felt that Council was not in the position of entering into <br /> negotiations without knowing what would happen at the June <br /> election. Ms. Mohr felt it would be more appropriate to consider <br /> this alternative if Measure K were turned down. <br /> <br /> Mr. Tarver reiterated that this was an alternative that should <br /> be considered after the vote of Measure K took place. <br /> <br /> Mayor Mercer agreed and reiterated Ms. Mohr's comments. He <br /> stated that he had explained this matter to Mayor Sweeney of <br /> Hayward. He spoke to Mr. Johan Kleh about this process and told <br /> Mr. Kleh that he was in favor of pulling all agencies together and <br /> allowing Mr. Kleh to step into this process but the appropriate <br /> time to consider this agreement would be after the June 2 election. <br /> <br /> Ms. Mohr asked if Measure K were defeated and litigation was <br />pending, would negotiations on the new plan have to be done in <br />closed session. It was Ms. Mohr's preference to have all of this <br />open to the public but she understood that it would be difficult <br />with litigation pending. <br /> <br /> Mr. Beougher answered that it would depend what was being <br />discussed. <br /> <br /> Mayor Mercer asked what the process was in doing this. He <br />understood that the negotiations on the agreement would be between <br />the Board of Supervisors and the mayors of the effected cities. <br /> <br /> Mr. Beougher indicated that it was the Council's discretion as <br />to what process could be used. <br /> <br /> Mr. Tarver understood that on May 14 legal arguments on the <br />sphere of influence would be made and then within 90 days, the <br />judge would rule. He asked that if that were case, would the judge <br />be making a decision or a settlement. <br /> <br /> It was moved by Mr. Tarver, and seconded by Ms. Scribner, that <br />a resolution be adopted, directing staff to pursue the discussions <br />on a settlement agreement with the understanding that no action <br />would be taken without voter approval, as called for by Measure M, <br />and that a provision be included to provide that the settlement so <br />would not be subject to change. <br /> <br />The roll call vote was as follows: <br />AYES: Councilmembers Scribner and Tarver <br />NOES: Mayor Mercer and Councilmember Mohr <br />ABSENT: Councilmember Butler <br />ABSTAIN: None <br /> <br />4/21/92 13 <br /> <br /> <br />